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STATE v. SIMPSON

No. 83-873-CR.

118 Wis.2d 454 (1984)

347 N.W.2d 920

STATE of Wisconsin, Plaintiff-Respondent, v. Robert Lee SIMPSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 27, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Steven P. Weiss, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and James H. McDermott, assistant attorney general,

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

BABLITCH, J.

Defendant appeals his convictions for kidnapping, sec. 940.31 (1) (a), Stats., and second-degree sexual assault, sec. 940.225 (2) (a). Defendant contends that there was insufficient evidence to convict him of kidnapping because the acts forming the elements of that crime were purely incidental to the sexual assault. We conclude that the evidence is sufficient to establish the crime of kidnapping, regardless of the incidental role of that crime to the...

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